Oral civil discovery, DNA tech. in litigation, arbitration clauses explored

The International Association of Defense Counsel (IADC) continues its long tradition of offering in-depth, scholarly analyses of critical issues of law with the first 2021 issue of its prestigious Defense Counsel Journal (DCJ). The new publication, which is available free to its members and the public, includes articles about oral civil discovery, DNA technology in litigation, and enforceability of arbitration clauses.

The new issue comes at a time of unprecedented challenges facing the U.S. government and Constitution, says IADC member and DCJ Editor Christopher B. Parkerson.

“I am proud of the leadership of IADC’s members to defend the United States Constitution and the rule of law from attack. IADC members have helped lead the effort to strengthen Americans’ understanding and faith in the court systems. Members have fought for justice for all people and have spoken and written about how the legal system lives up to the ideals that all people are equal in the eyes of the law,” Parkerson noted.

Frequently and favorably cited by courts and other legal scholarship, the DCJ is a quarterly forum for topical and scholarly writings on the law, including its development and reform, as well as on the practice of law in general. DCJ articles are written by members of the IADC, which is a 2,500-member, invitation-only, worldwide organization that serves its members and their clients, as well as the civil justice system and the legal profession.

Following are brief summaries of the articles included in the first-quarter 2021 issue of the DCJ:

• “Advanced Topics in Oral Civil Discovery” by Robert F. Redmond Jr., a partner at McGuireWoods LLP – The article examines the requirements of state and federal rules surrounding depositions. It covers issues ranging from a corporation’s requirements to produce a witness to attorney-client privilege over discussions during the breaks in the deposition, to objections, to errata sheets.

• “Genomics in the Courtroom: The Current Landscape of DNA Technology in Criminal and Civil Litigation” by Scott A. Elder, a partner, and Anderson Kemp, an associate, both at Alston & Bird – The article examines the impacts, including privacy and admissibility issues, of counsel employing genetic technology to support causation and damage claims.

• “Carve-Outs and Injunctive Relief in Arbitration Cases” by Mitchell L. Lathrop of the Law Offices of Mitchell L. Lathrop – The article analyzes and discusses issues related to enforceability of arbitration clauses, particularly where parties modify otherwise commonplace arbitration agreements by adding carveouts.

The IADC’s first-quarter 2021 DCJ is available for free and without a subscription via the IADC’s website at www.iadclaw.org/documents/?CategoryId=4.